In the sixth first instance decision in the long-running dispute of Imperial Chemical Industries Limited (“ICI”) v Merit Merrell Technology Limited (“MMT”) the court assessed the quantum disputes between the parties. In an extensive judgment, the court considered a wide […]

Contractor’s Liability for Design In SSE Generation Ltd (“SSE”) v Hochtief Solutions AG (“Hochtief”) the Inner House of the Court of Session in Scotland considered the liability arising out of the collapse of a tunnel at a hydro-electric scheme. Although […]

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

The issues surrounding the enforcement of ‘No Oral Modifications’ (“NOM”) clauses has arisen yet again. It would appear however that it has now been finally determined. In our article in June 2016, we considered the effect of Globe Motors Inc […]

When the Housing Grants, Construction and Regeneration Act 1996 was amended in October 2011, one of the key changes was that disputes arising under oral contracts could be referred to adjudication. Whilst the vast majority of businesses would probably dismiss […]

ISG Construction Ltd v Seevic College (2015) and a line of authorities that followed gave rise to what has become known as the “smash and grab” claim; whereby the full amount applied for in a payment application becomes due based […]

Contracts which involve some activities falling within the provisions of the Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) and some activities which are excluded by the Act have posed difficult questions in relation to the jurisdiction […]

The collapse of Carillion will have a huge impact across the construction industry, with the consequences felt by its staff as well as its employers, partners, and supply chain. It brings insolvency within the construction industry back into stark focus. […]

In the last few years, many cases have come before the courts relating to so-called “smash and grab” adjudications, which are founded on the argument that the paying party has failed to serve the necessary payment or pay less notice, […]

A contracting party commits a repudiatory breach of contract when it commits a breach so serious that the innocent party is deprived of substantially all the benefit of the contract. This allows the innocent party to accept the repudiatory breach, […]